The purpose of this chapter is to promote and maintain the purposes and objectives of the city of Chowchilla zoning ordinance; to ensure the co-location of new and existing tower and antenna sites whenever possible; to ensure the location of towers and antennas are in areas where the adverse impact on the community is minimal; to ensure that towers and antennas are designed in a way that minimizes the adverse visual impact on the community; and to protect the public safety and general welfare of the community.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:

"Antenna" means a system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to, radio waves and microwaves.

"Antenna, amateur radio" means a ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the amateur radio service and as designated by the Federal Communications Commission (FCC).

"Antenna array" means one or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antenna (rod), directional antenna (panel) and parabolic antenna (disc). The antenna array does not include the support structure as defined below.

"Antenna, building mounted" means: an antenna that is mounted to a building or rooftop equipment screen, and that transmits or receives electromagnetic signals.

"Antenna, direct broadcast satellite service (DBS)" means an antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite.

"Antenna, multipoint distribution services (MDS)" means an antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

"Antenna structure" means an antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves.

"Antenna structure, freestanding" means an antenna structure or mast that is not attached to a building, fence or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds twenty feet, it shall be treated as a monopole.

"Antenna structure, monopole" means an antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood which is at least twenty feet in height.

"Attached wireless communication facility (attached WCF)" means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

"Co-locate or co-location" means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

"Equipment facility" means any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communications Commission.

"Height" means the distance measured from ground level to the highest point on the WCF, including the antenna array.

"Pre-existing towers and antennas" means any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter.

"Provider" means a person, as defined in Section 1.04.130 of the Chowchilla Municipal Code, pursuant to the provisions of this chapter.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

"Wireless communication facility (WCF)" Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, and equipment facility, and a support structure to achieve the necessary elevation.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Antennas and towers may be considered either principle or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

For purposes of determining compliance with development standards in this title, including but not limited to setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

The following requirements and standards shall apply to the construction and installation of all new wireless communication facilities (WCF):

A.

All standards set forth in this chapter;

B.

Any applicable federal, state and local laws, regulation and ordinances;

C.

All applicable provisions of the Chowchilla Municipal Code, Chowchilla Zoning Ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter;

D.

The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable; and

E.

All FCC rules, regulations, and standards.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

When technically and economically feasible, a new wireless communication facility (WCF) shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.

B.

Any site plan review application proposed in accordance with Chapter 18.72 proposing the construction of a new WCF with a supporting structure shall specifically identify the actions taken by the applicant to locate, construct and operate the new WCF at a co-location. If co-location is not feasible, the application shall specifically identify the locations considered and the reasons why such locations are unacceptable for the construction and operation of the new WCF.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 18.68.090, and a building permit is not required.

1.

Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.

2.

Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas and television broadcast service (TVBS) antennas that are one meter (three feet three and three-eighths inches) or less in diameter or in diagonal measurement, are located entirely on-site, and are not located within the front setback area of the lot on which they are located. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards.

B.

The following wireless communications facilities (WCF) shall be exempt from the requirements of Section 18.68.090 of this chapter, however a building permit is required.

1.

Satellite earth station (SES) antennas that are two meters (six feet six and three-fourths inches) or less in diameter or in diagonal measurement, are located in a C-S, I-L, or I-H zone district, and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.

2.

Amateur radio antenna structures that are twenty-four inches or less in diameter or in diagonal measurement, and where no portion of the antenna overhangs any property line.

3.

Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that does not result in an increase in size of the overall WCF site.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Wireless communications facilities that are not exempt per Section 18.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in Section 18.08.030, then this section shall apply.

A.

The following wireless communications facilities (WCF) shall be permitted uses. A site plan review permit issued in accordance with Chapter 18.72 and a building permit is required.

1.

Installation of a monopole on an existing structure, located in a PF zone district, or in any commercial, mixed use, or industrial zone district, where the height of the monopole is not higher than twenty feet above the height of the existing structure.

2.

Installation of a concealed or disguised antenna located on the ground and/or attached to a building in the PF zone district, or any commercial, mixed use, office, or industrial zone district where the antenna does not exceed the maximum height limits of the zone district in which it is located.

3.

Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.

4.

Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that results in less than a thirty-percent increase in size of the overall WCF site.

B.

The following wireless communications facilities (WCF) shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 18.80. A site plan review permit issued in accordance with Chapter 18.72 and a building permit is also required:

1.

Installation of a new free-standing antenna/tower with no guy wires in the C-S, MX-D, MX, O, or PF zone districts that does not exceed seventy-five feet in height. The planning commission may approve a WCF with a height higher than seventy-five feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

2.

Installation of a new free-standing antenna/tower with no guy wires in the C-H, I-L, or I-H zone districts that does not exceed one hundred feet in height. The planning commission may approve a WCF with a height higher than one hundred feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

3.

Modification to an antenna/tower approved by conditional use permit where the modification results in an increase in the height of the approved antenna/tower.

C.

Wireless communication facilities that are not exempt per Section 18.62.060 are prohibited in any residential zone district and in the C-N zone district.

D.

Notwithstanding other provisions of this section, a WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 18.80 if it is located in the Airport Overlay district, and shall meet all requirements of Chapter 18.38.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Review of any application for construction, installation and operation of a WCF identified in Section 18.68.090 as requiring a permit shall comply with the following provisions in addition to the applicable provisions of Chapters 18.72 and 18.80:

A.

Each applicant shall submit a site plan and elevation view drawn to scale and other supporting drawings, calculations, and documents, signed by appropriate licensed professionals, showing the location and dimension of all improvements, including information concerning topography, radio frequency coverage, tower height, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the director to be necessary to determine compliance with the provisions of this chapter.

B.

Each applicant shall provide the director an inventory of its existing towers and those towers it intends to construct within ten years of the date of its application that are located or will be located within the city limits or within one-quarter mile thereof. The director may share information with other applicants applying for permits to construct antennas/towers for the purpose of encouraging co-location, provided however, that the director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable for co-location.

C.

The information requested in this subsection B of this section shall not be made available to the general public except as may be required by federal, state or local law, ordinances or rules and regulations related thereto.

D.

The director may retain a consultant at the applicant's expense to review the application and make determinations and recommendations on issues including, but not limited to:

1.

Compliance with radio frequency emission standards;

2.

Possible granting of exceptions to the development standards in this chapter;

3.

The identification of alternative solutions when the director believes that the proposed facilities may create a significant impact to the surrounding area; or

4.

Proposals for the installation of new towers or antennas.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

An appeal of the decision of the director or of the planning commission on a WCF application shall be processed in accordance with the appeal provisions of Chapter 18.70.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

Every application must comply with the following development standards:

A.

Radio Frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions which will exceed Federal Communication Commission (FCC) standards. Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.

B.

Structural Integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the city.

C.

Lighting. WCF shall not be artificially lighted, except for:

1.

Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site; and

2.

Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.

D.

Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six feet in height and the structure shall be equipped with an appropriate anti-climbing device.

E.

Noise. A description of all audible noise generating equipment, including the times and decibel levels of the noise which will be produced shall be submitted with the application for the project. No equipment shall be operated at a WCF which produces noise in excess of the applicable noise standards stated in the Chowchilla General Plan. In emergency situations requiring the use of a backup generator, the noise standards may be exceeded on a temporary basis as determined by the community development department.

F.

Landscaping. The following requirements shall govern the landscaping surrounding WCF sites:

1.

The site shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least five feet wide outside the perimeter of the compound's fence. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether in the discretion of the director and where applicable, the planning commission.

2.

Existing mature tree growth and natural land-forms on the site shall be preserved to the extent feasible, as determined by the director; provided, however, vegetation causing interference with the antennas or inhibits access to the equipment facility may be trimmed.

G.

Painting. All equipment, antennas, poles or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas which will be viewed primarily against the skyline shall be painted light gray or light blue or other sky blending color. WCF with tower antenna structures shall be designed and painted to blend in with existing surroundings to the extent feasible as determined by the community development department, including the use of compatible colors. Equipment facilities shall, to the extent practicable, use materials, colors and textures that will blend with the natural setting and existing building environment.

H.

Visual Aesthetics. To minimize overall visual impact, new wireless communication facilities shall be co-located with existing facilities and with other planned new facilities whenever possible. In addition, service providers shall co-locate antennas with other facilities such as water tanks, light standards, and other utility structures where the co-location is found to minimize the overall visual impact. Conditions of approval shall require all applicants to cooperate in the placement of equipment and antennas to accommodate the maximum number of providers at a single site and require an applicant to allow for future co-location of additional antennas at its site. Antenna/towers with guy wires are prohibited. Cables leading from the antenna to the ground base equipment be neatly bundled and securely fastened to the antenna/tower and be underground from the antenna/tower to the equipment room.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018; Ord. No. 503-20, § 2(Atts. 2, 4), 10-27-2020 )

A.

All towers/antenna structures must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC) and any other agency of the federal or state government with the authority to regulate towers and antennas.

B.

If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or state agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.

C.

Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter and the city may require removal of the tower or antenna at the owner's expense.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)

A.

Any antenna, tower, supporting equipment and structure that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna tower, or owner of the land which it is located on shall remove said antenna, tower or supporting equipment within ninety days of receipt of notice from the director notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety days, the city may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

B.

If the cost of removal of the antenna or tower are not paid within thirty days after the date on which the notice of request for payment is mailed to the owner of the property, the city council may direct the county tax assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Section 25845 of the Government Code of the state of California. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes shall be applicable to such special assessment.

(Ord. No. 491-18, § 2(Exh. A), 10-9-2018)